- “Arbitration agreement” means an agreement in writing between the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not;
- An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement;
- An arbitration agreement is in writing if it is:
- Contained in a document signed by the parties;
- An exchange of letters, telex, telegrams, emails or other means of communication which provide a record of the agreement; or
- An exchange of statements of claims and defenses in which the existence of an agreement is alleged by one party and not denied by the other;
- The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.